Texas Supreme Court
Tom Alexander v. Turtur & Associates, Inc., Mario Turtur, Steve…
August 27, 200447 Tex. Sup. Ct. J. 992
Summary
The Texas Supreme Court held that, in a legal malpractice action involving alleged trial malpractice, the jury could not determine causation without expert testimony because the causal link was not obvious to lay jurors. Accordingly, the Court reversed the Court of Appeals' remand and entered judgment that Turtur Inc. take nothing. Justice Hecht, joined by Justice Wainwright, filed a concurring opinion expressing doubts about whether any jury could ever reliably decide such a hypothetical causation issue.